Dowry
swaraj
(Querist) 03 November 2011
This query is : Resolved
respected sir my bhabi registered a false dowry case against my brother and father on 18.05.2011,now my father on interm bail,and my brother in australia now,my brother gone australia before a f.i.r ragistered.
now my qwestion is follow
1.IS IT LAWFUL TO REGISTERED A FIR AGAINST MY BROTHER ,WHEN MY BROTHER WAS NOT IN INDIA AT TIME OF REGISTRATION OF FIR.
THE MEGISTRATE TOLD BOTH PATIES TO SETTLE DOWN MATTER OUT OF COURT BUT MY BROTHER'S IN LAW NOT COMPROMISE WITH US,THEY TOLD US THAT FIRST BRING BACK MY BROTHER FROM AUSTRLAIA THEN WE WILL TALK
NOW MY QWESTION IS THAT
2.WHAT THE MEGISTRATE CAN DO IF IN LAWS NOT COMPROMISE WITH US,GRANTING BAIL OR REJECTING BAIL,AND IF THE MAGISTRATE SATISFY THAT THE FIR IS FALSE THEN IS THE MEGISTRATE HAVE A RIGHT TO DISMISS THE CASE
NOTE:THE MEGISTRATE HAD NOT ACCEPT THE FILR FROM POLICE
3.THE POLICE SEND AGAIN SUMMON TO OUR HOUSE TO APPEAR BEFORE ACP FOR INUIRY,WE TOLD THEM THE MY FATHER ON INTERM BAIL ,HOW CAN YOU SEND SUMMON AGAIN
MY QWESTION IS THAT IS THE ACP HAVE RIGHT TO ISSUE SUMMON AGAINST MY FATHER WHEN THE CASE IS ALRADY IN THE COURT
THANKS AND REGARDS
Guest
(Expert) 03 November 2011
1. yes he can summon under section 160 of Cr.P.C. Since the FIR is initial investigation and charge sheet is final one. IN order to reach examination of accused and witnesses is necessary. if the investigation officer later found it is false FIR he can refer the case as mistake of law.
at FIR stage magistrate can order further investigation only and straight away dismiss the FIR.
Raj Kumar Makkad
(Expert) 03 November 2011
1. Fully lawful. A person gone to abroad do not get special status under Indian law an FIR in his absence against him is legal.
2. Magistrate has no power to cancel FIR rather he shall proceed further in the case and can even call your brother from abroad as per procedure.
3. Your father was bailed out on the term that he shall join investigation s and when police calls him and now when he is not joining it, his bail order may be cancelled by concerned court on the application of police.
ajay sethi
(Expert) 03 November 2011
agree with ganeshan that summons can be issued by the police to your father for investigation.
agree with mr makkad that merey because your brother has gone abroad does not mean that no fir can be registered.
Shonee Kapoor
(Expert) 04 November 2011
Agreed with experts.
Seek Anticipatory Bail for your brother too, it is difficult but not impossible.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
